[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR72.2]
[Page 6-27]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
PART 72--PERMITS REGULATION--Table of Contents
Subpart A--Acid Rain Program General Provisions
Sec. 72.2 Definitions.
The terms used in this part, in parts 73, 74, 75, 76, 77 and 78 of
this chapter shall have the meanings set forth in the Act, including
sections 302 and 402 of the Act, and in this section as follows:
Account number means the identification number given by the
Administrator to each Allowance Tracking System account pursuant to
Sec. 73.31(d) of this chapter.
Acid Rain compliance option means one of the methods of compliance
used by an affected unit under the Acid Rain Program as described in a
compliance plan submitted and approved in accordance with subpart D of
this part, part 74 of this chapter or part 76 of this chapter.
Acid Rain emissions limitation means:
(1) For purposes of sulfur dioxide emissions:
(i) The tonnage equivalent of the allowances authorized to be
allocated to an affected unit for use in a calendar year under section
404(a)(1), (a)(3), and (h) of the Act, or the basic Phase II allowance
allocations authorized to be allocated to an affected unit for use in a
calendar year, or the allowances authorized to be allocated to an opt-in
source under section 410 of the Act for use in a calendar year;
(ii) As adjusted:
(A) By allowances allocated by the Administrator pursuant to section
403, section 405 (a)(2), (a)(3), (b)(2), (c)(4), (d)(3), and (h)(2), and
section 406 of the Act;
(B) By allowances allocated by the Administrator pursuant to subpart
D of this part; and thereafter
(C) By allowance transfers to or from the compliance subaccount for
that unit that were recorded or properly submitted for recordation by
the allowance transfer deadline as provided in Sec. 73.35 of this
chapter, after deductions and other adjustments are made pursuant to
Sec. 73.34(c) of this chapter; and
(2) For purposes of nitrogen oxides emissions, the applicable
limitation under part 76 of this chapter.
Acid Rain emissions reduction requirement means a requirement under
the Acid Rain Program to reduce the emissions of sulfur dioxide or
nitrogen oxides from a unit to a specified level or by a specified
percentage.
Acid Rain permit or permit means the legally binding written
document or portion of such document, including any permit revisions,
that is issued by a permitting authority under this part and specifies
the Acid Rain Program requirements applicable to an affected source and
to the owners and operators and the designated representative of the
affected source or the affected unit.
Acid Rain Program means the national sulfur dioxide and nitrogen
oxides air pollution control and emissions reduction program established
in accordance with title IV of the Act, this part, and parts 73, 74, 75,
76, 77, and 78 of this chapter.
Act means the Clean Air Act, 42 U.S.C. 7401, et seq. as amended by
Public Law No. 101-549 (November 15, 1990).
Actual SO2 emissions rate means the annual average sulfur
dioxide emissions rate for the unit (expressed in lb/mmBtu), for the
specified calendar
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year; provided that, if the unit is listed in the NADB, the ``1985
actual SO2 emissions rate'' for the unit shall be the rate
specified by the Administrator in the NADB under the data field
``SO2RTE.''
Add-on control means a pollution reduction control technology that
operates independent of the combustion process.
Additional advance auction means the auction of advance allowances
that were offered the previous year for sale in an advance sale.
Administrator means the Administrator of the United States
Environmental Protection Agency or the Administrator's duly authorized
representative.
Advance allowance means an allowance that may be used for purposes
of compliance with a unit's Acid Rain sulfur dioxide emissions
limitation requirements beginning no earlier than seven years following
the year in which the allowance is first offered for sale.
Advance auction means an auction of advance allowances.
Advance sale means a sale of advance allowances.
Affected source means a source that includes one or more affected
units.
Affected States means any affected States as defined in part 71 of
this chapter.
Affected unit means a unit that is subject to any Acid Rain
emissions reduction requirement or Acid Rain emissions limitation under
Sec. 72.6 or part 74 of this chapter.
Affiliate shall have the meaning set forth in section 2(a)(11) of
the Public Utility Holding Company Act of 1935, 15 U.S.C. 79b(a)(11), as
of November 15, 1990.
Allocate or allocation means the initial crediting of an allowance
by the Administrator to an Allowance Tracking System unit account or
general account.
Allowable SO2 emissions rate means the most stringent
federally enforceable emissions limitation for sulfur dioxide (in lb/
mmBtu) applicable to the unit or combustion source for the specified
calendar year, or for such subsequent year as determined by the
Administrator where such a limitation does not exist for the specified
year; provided that, if a Phase I or Phase II unit is listed in the
NADB, the ``1985 allowable SO2 emissions rate'' for the Phase
I or Phase II unit shall be the rate specified by the Administrator in
the NADB under the data field ``1985 annualized boiler SO2
emission limit.''
Allowance means an authorization by the Administrator under the Acid
Rain Program to emit up to one ton of sulfur dioxide during or after a
specified calendar year.
Allowance deduction, or deduct when referring to allowances, means
the permanent withdrawal of allowances by the Administrator from an
Allowance Tracking System compliance subaccount, or future year
subaccount, to account for the number of tons of SO2
emissions from an affected unit for the calendar year, for tonnage
emissions estimates calculated for periods of missing data as provided
in part 75 of this chapter, or for any other allowance surrender
obligations of the Acid Rain Program.
Allowances held or hold allowances means the allowances recorded by
the Administrator, or submitted to the Administrator for recordation in
accordance with Sec. 73.50 of this chapter, in an Allowance Tracking
System account.
Allowance reserve means any bank of allowances established by the
Administrator in the Allowance Tracking System pursuant to sections
404(a)(2) (Phase I extension reserve), 404(g) (energy conservation and
renewable energy reserve), or 416(b) (special allowance reserve) of the
Act, and implemented in accordance with part 73, subpart B of this
chapter.
Allowance Tracking System or ATS means the Acid Rain Program system
by which the Administrator allocates, records, deducts, and tracks
allowances.
Allowance Tracking System account means an account in the Allowance
Tracking System established by the Administrator for purposes of
allocating, holding, transferring, and using allowances.
Allowance transfer deadline means midnight of March 1 (or February
29 in any leap year) or, if such day is not a business day, midnight of
the first
[[Page 8]]
business day thereafter and is the deadline by which allowances may be
submitted for recordation in an affected unit's compliance subaccount
for the purposes of meeting the unit's Acid Rain emissions limitation
requirements for sulfur dioxide for the previous calendar year.
Alternative monitoring system means a system or a component of a
system designed to provide direct or indirect data of mass emissions per
time period, pollutant concentrations, or volumetric flow, that is
demonstrated to the Administrator as having the same precision,
reliability, accessibility, and timeliness as the data provided by a
certified CEMS or certified CEMS component in accordance with part 75 of
this chapter.
As-fired means the taking of a fuel sample just prior to its
introduction into the unit for combustion.
Auction subaccount means a subaccount in the Special Allowance
Reserve, as specified in section 416(b) of the Act, which contains
allowances to be sold at auction in the amount of 150,000 per year from
calendar year 1995 through 1999, inclusive, and 200,000 per year for
each year begnning in calendar year 2000, subject to the adjustments
noted in the regulations in part 73, subpart E of this chapter.
Authorized account representative means a responsible natural person
who is authorized, in accordance with part 73 of this chapter, to
transfer and otherwise dispose of allowances held in an Allowance
Tracking System general account; or, in the case of a unit account, the
designated representative of the owners and operators of the affected
unit.
Automated data acquisition and handling system means that component
of the CEMS, COMS, or other emissions monitoring system approved by the
Administrator for use in the Acid Rain Program, designed to interpret
and convert individual output signals from pollutant concentration
monitors, flow monitors, diluent gas monitors, moisture monitors,
opacity monitors, and other component parts of the monitoring system to
produce a continuous record of the measured parameters in the
measurement units required by part 75 of this chapter.
Award means the conditional set-aside by the Administrator, based on
the submission of an early ranking application pursuant to subpart D of
this part, of an allowance from the Phase I extension reserve, for
possible future allocation to a Phase I extension applicant's Allowance
Tracking System unit account.
Backup fuel means a fuel for a unit where: (1) For purposes of the
requirements of the monitoring exception of appendix E of part 75 of
this chapter, the fuel provides less than 10.0 percent of the heat input
to a unit during the three calendar years prior to certification testing
for the primary fuel and the fuel provides less than 15.0 percent of the
heat input to a unit in each of those three calendar years; or the
Administrator approves the fuel as a backup fuel; and (2) For all other
purposes under the Acid Rain Program, a fuel that is not the primary
fuel (expressed in mmBtu) consumed by an affected unit for the
applicable calendar year.
Baseline means the annual average quantity of fossil fuel consumed
by a unit, measured in millions of British Thermal Units (expressed in
mmBtu) for calendar years 1985 through 1987; provided that in the event
that a unit is listed in the NADB, the baseline will be calculated for
each unit-generator pair that includes the unit, and the unit's baseline
will be the sum of such unit-generator baselines. The unit-generator
baseline will be as provided in the NADB under the data field
``BASE8587'', as adjusted by the outage hours listed in the NADB under
the data field ``OUTAGEHR'' in accordance with the following equation:
Baseline = BASE8587 x {26280 / (26280 - OUTAGEHR){time} x {36 / (36 -
months not on line){time} x 106
``Months not on line'' is the number of months during January 1985
through December 1987 prior to the commencement of firing for units that
commenced firing in that period, i.e., the number of months, in that
period, prior to the on-line month listed under the data field
``BLRMNONL'' and the on-line year listed in the data field ``BLRYRONL''
in the NADB.
[[Page 9]]
Basic Phase II allowance allocations means:
(1) For calendar years 2000 through 2009 inclusive, allocations of
allowances made by the Administrator pursuant to section 403 and section
405 (b)(1), (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4),
and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1); (i); and (j).
(2) For each calendar year beginning in 2010, allocations of
allowances made by the Administrator pursuant to section 403 and section
405 (b)(1), (3), and (4); (c)(1), (2), (3), and (5); (d)(1), (2), (4),
and (5); (e); (f); (g)(1), (2), (3), (4), and (5); (h)(1) and (3); (i);
and (j).
Bias means systematic error, resulting in measurements that will be
either consistently low or high relative to the reference value.
Boiler means an enclosed fossil or other fuel-fired combustion
device used to produce heat and to transfer heat to recirculating water,
steam, or any other medium.
Bypass operating quarter means a calendar quarter during which
emissions pass through a stack, duct or flue that bypasses add-on
emission controls.
Bypass stack means any duct, stack, or conduit through which
emissions from an affected unit may or do pass to the atmosphere, which
either augments or substitutes for the principal stack exhaust system or
ductwork during any portion of the unit's operation.
Calibration error means the difference between:
(1) The response of a gaseous monitor to a calibration gas and the
known concentration of the calibration gas;
(2) The response of a flow monitor to a reference signal and the
known value of the reference signal; or
(3) The response of a continuous opacity monitoring system to an
attenuation filter and the known value of the filter after a stated
period of operation during which no unscheduled maintenance, repair, or
adjustment took place.
Calibration gas means:
(1) A standard reference material;
(2) A standard reference material-equivalent compressed gas primary
reference material;
(3) A NIST traceable reference material;
(4) NIST/EPA-approved certified reference materials;
(5) A gas manufacturer's intermediate standard;
(6) An EPA protocol gas;
(7) Zero air material; or
(8) A research gas mixture.
Capacity factor means either: (1) the ratio of a unit's actual
annual electric output (expressed in MWe-hr) to the unit's nameplate
capacity times 8760 hours, or (2) the ratio of a unit's annual heat
input (in million British thermal units or equivalent units of measure)
to the unit's maximum design heat input (in million British thermal
units per hour or equivalent units of measure) times 8,760 hours.
CEMS precision or precision as applied to the monitoring
requirements of part 75 of this chapter, means the closeness of a
measurement to the actual measured value expressed as the uncertainty
associated with repeated measurements of the same sample or of different
samples from the same process (e.g., the random error associated with
simultaneous measurements of a process made by more than one
instrument). A measurement technique is determined to have increasing
``precision'' as the variation among the repeated measurements
decreases.
Centroidal area means a representational concentric area that is
geometrically similar to the stack or duct cross section, and is not
greater than 1 percent of the stack or duct cross-sectional area.
Certificate of representation means the completed and signed
submission required by Sec. 72.20, for certifying the appointment of a
designated representative for an affected source or a group of
identified affected sources authorized to represent the owners and
operators of such source(s) and of the affected units at such source(s)
with regard to matters under the Acid Rain Program.
Certifying official, for purposes of part 73 of this chapter, means:
(1) For a corporation, a president, secretary, treasurer, or vice-
president of the corporation in charge of a principal business function,
or any other person who performs similar policy or decision-making
functions for the corporation;
[[Page 10]]
(2) For partnership or sole proprietorship, a general partner or the
proprietor, respectively; and
(3) For a local government entity or State, Federal, or other public
agency, either a principal executive officer or ranking elected
official.
Coal means all solid fuels classified as anthracite, bituminous,
subbituminous, or lignite by the American Society for Testing and
Materials Designation ASTM D388-92 ``Standard Classification of Coals by
Rank'' (as incorporated by reference in Sec. 72.13).
Coal-derived fuel means any fuel, whether in a solid, liquid, or
gaseous state, produced by the mechanical, thermal, or chemical
processing of coal (e.g., pulverized coal, coal refuse, liquified or
gasified coal, washed coal, chemically cleaned coal, coal-oil mixtures,
and coke).
Coal-fired means the combustion of fuel consisting of coal or any
coal-derived fuel (except a coal-derived gaseous fuel that meets the
definition of ``very low sulfur fuel'' in this section), alone or in
combination with any other fuel, where:
(1) For purposes of the requirements of part 75 of this chapter, a
unit is ``coal-fired'' independent of the percentage of coal or coal-
derived fuel consumed in any calendar year (expressed in mmBtu); and
(2) For all other purposes under the Acid Rain Program, except for
purposes of applying part 76 of this chapter, a unit is ``coal-fired''
if it uses coal or coal-derived fuel as its primary fuel (expressed in
mmBtu); provided that, if the unit is listed in the NADB, the primary
fuel is the fuel listed in the NADB under the data field ``PRIMEFUEL''.
Cogeneration unit means a unit that produces electric energy and
useful thermal energy for industrial, commercial, or heating or cooling
purposes, through the sequential use of the original fuel energy.
Combustion source means a stationary fossil fuel fired boiler,
turbine, or internal combustion engine that has submitted or intends to
submit an opt-in permit application under Sec. 74.14 of this chapter to
enter the Opt-in Program.
Commence commercial operation means to have begun to generate
electricity for sale, including the sale of test generation.
Commence construction means that an owner or operator has either
undertaken a continuous program of construction or has entered into a
contractual obligation to undertake and complete, within a reasonable
time, a continuous program of construction.
Commence operation means to have begun any mechanical, chemical, or
electronic process, including start-up of an emissions control
technology or emissions monitor or of a unit's combustion chamber.
Common pipe means an oil or gas supply line through which the same
type of fuel is distributed to two or more affected units.
Common pipe operating time means the portion of a clock hour during
which fuel flows through a common pipe. The common pipe operating time,
in hours, is expressed as a decimal fraction, with valid values ranging
from 0.00 to 1.00.
Common stack means the exhaust of emissions from two or more units
through a single flue.
Compensating unit means an affected unit that is not otherwise
subject to Acid Rain emissions limitation or Acid Rain emissions
reduction requirements during Phase I and that is designated as a Phase
I unit in a reduced utilization plan under Sec. 72.43; provided that an
opt-in source shall not be a compensating unit.
Compliance certification means a submission to the Administrator or
permitting authority, as appropriate, that is required by this part, by
part 73, 74, 75, 76, 77, or 78 of this chapter, to report an affected
source or an affected unit's compliance or non-compliance with a
provision of the Acid Rain Program and that is signed and verified by
the designated representative in accordance with subparts B and I of
this part and the Acid Rain Program regulations generally.
Compliance plan, for the purposes of the Acid Rain Program, means
the document submitted for an affected source in accordance with subpart
C of this part or subpart E of part 74 of this chapter, or part 76 of
this chapter, specifying the method(s) (including one or more Acid Rain
compliance options as provided under subpart D of this
[[Page 11]]
part or subpart E of part 74 of this chapter, or part 76 of this
chapter) by which each affected unit at the source will meet the
applicable Acid Rain emissions limitation and Acid Rain emissions
reduction requirements.
Compliance subaccount means the subaccount in an affected unit's
Allowance Tracking System account, established pursuant to Sec. 73.31
(a) or (b) of this chapter, in which are held, from the date that
allowances for the current calendar year are recorded under
Sec. 73.34(a) until December 31, allowances available for use in the
current calendar year and, after December 31 until the date that
deductions are made under Sec. 73.35(b), allowances available for use by
the unit in the preceding calendar year, for the purpose of meeting the
Acid Rain emissions limitation for sulfur dioxide.
Compliance use date means the first calendar year for which an
allowance may be used for purposes of meeting a unit's Acid Rain
emissions limitation for sulfur dioxide.
Conditionally valid data means data from a continuous monitoring
system that are not quality-assured, but which may become quality-
assured if certain conditions are met. Examples of data that may qualify
as conditionally valid are: data recorded by an uncertified monitoring
system prior to its initial certification; or data recorded by a
certified monitoring system following a significant change to the system
that may affect its ability to accurately measure and record emissions.
A monitoring system must pass a probationary calibration error test, in
accordance with section 2.1.1 of appendix B to part 75 of this chapter,
to initiate the conditionally valid data status. In order for
conditionally valid emission data to become quality-assured, one or more
quality assurance tests or diagnostic tests must be passed within a
specified time period in accordance with Sec. 75.20(b)(3).
Conservation Verification Protocol means a methodology developed by
the Administrator for calculating the kilowatt hour savings from energy
conservation measures and improved unit efficiency measures for the
purposes of title IV of the Act.
Construction means fabrication, erection, or installation of a unit
or any portion of a unit.
Consumer Price Index or CPI means, for purposes of the Acid Rain
Program, the U.S. Department of Labor, Bureau of Labor Statistics
unadjusted Consumer Price Index for All Urban Consumers for the U.S.
city average, for All Items on the latest reference base, or if such
index is no longer published, such other index as the Administrator in
his or her discretion determines meets the requirements of the Clean Air
Act Amendments of 1990.
(1) CPI (1990) means the CPI for all urban consumers for the month
of August 1989. The ``CPI (1990)'' is 124.6 (with 1982-1984=100).
Beginning in the month for which a new reference base is established,
``CPI (1990)'' will be the CPI value for August 1989 on the new
reference base.
(2) CPI (year) means the CPI for all urban consumers for the month
of August of the previous year.
Continuous emission monitoring system or CEMS means the equipment
required by part 75 of this chapter used to sample, analyze, measure,
and provide, by means of readings recorded at least once every 15
minutes (using an automated data acquisition and handling system
(DAHS)), a permanent record of SO2, NOX, or
CO2 emissions or stack gas volumetric flow rate. The
following are the principal types of continuous emission monitoring
systems required under part 75 of this chapter. Sections 75.10 through
75.18 and Sec. 75.71(a) of this chapter indicate which type(s) of CEMS
is required for specific applications:
(1) A sulfur dioxide monitoring system, consisting of an
SO2 pollutant concentration monitor and an automated DAHS. An
SO2 monitoring system provides a permanent, continuous record
of SO2 emissions in units of parts per million (ppm);
(2) A flow monitoring system, consisting of a stack flow rate
monitor and an automated DAHS. A flow monitoring system provides a
permanent, continuous record of stack gas volumetric flow rate, in units
of standard cubic feet per hour (scfh);
[[Page 12]]
(3) A nitrogen oxides (NOX) emission rate (or
NOX-diluent) monitoring system, consisting of a
NOX pollutant concentration monitor, a diluent gas
(CO2 or O2) monitor, and an automated DAHS. A
NOX-diluent monitoring system provides a permanent,
continuous record of: NOX concentration in units of parts per
million (ppm), diluent gas concentration in units of percent
O2 or CO2 (% O2 or CO2), and
NOX emission rate in units of pounds per million British
thermal units (lb/mmBtu);
(4) A nitrogen oxides concentration monitoring system, consisting of
a NOX pollutant concentration monitor and an automated DAHS.
A NOX concentration monitoring system provides a permanent,
continuous record of NOX emissions in units of parts per
million (ppm). This type of CEMS is used only in conjunction with a flow
monitoring system to determine NOX mass emissions (in lb/hr)
under subpart H of part 75 of this chapter;
(5) A carbon dioxide monitoring system, consisting of a
CO2 pollutant concentration monitor (or an oxygen monitor
plus suitable mathematical equations from which the CO2
concentration is derived) and the automated DAHS. A carbon dioxide
monitoring system provides a permanent, continuous record of
CO2 emissions in units of percent CO2 (%
CO2); and
(6) A moisture monitoring system, as defined in Sec. 75.11(b)(2) of
this chapter. A moisture monitoring system provides a permanent,
continuous record of the stack gas moisture content, in units of percent
H2O (% H2O)
Continuous opacity monitoring system or COMS means the equipment
required by part 75 of this chapter to sample, measure, analyze, and
provide, with readings taken at least once every 6 minutes, a permanent
record of opacity or transmittance. The following components are
included in a continuous opacity monitoring system:
(1) Opacity monitor; and
(2) An automated data acquisition and handling system.
Control unit means a unit employing a qualifying Phase I technology
in accordance with a Phase I extension plan under Sec. 72.42.
Current year subaccount means the subaccount in an Allowance
Tracking System general account, established pursuant to Sec. 73.31(c)
of this chapter, in which are held allowances that may be transferred to
a unit's compliance subaccount for use for the purpose of meeting the
Acid Rain sulfur dioxide emissions limitation.
Customer means a purchaser of electricity not for the purposes of
retransmission or resale. For generating rural electrical cooperatives,
the customers of the distribution cooperatives served by the generating
cooperative will be considered customers of the generating cooperative.
Decisional body means any EPA employee who is or may reasonably be
expected to act in a decision-making role in a proceeding under part 78
of this chapter, including the Administrator, a member of the
Environmental Appeals Board, and a Presiding Officer, and any staff of
any such person who are participating in the decisional process.
Demand-side measure means a measure:
(1) To improve the efficiency of consumption of electricity from a
utility by customers of the utility; or
(2) To reduce the amount of consumption of electricity from a
utility by customers of the utility without increasing the use by the
customer of fuel other than: Biomass (i.e., combustible energy-producing
materials from biological sources, which include wood, plant residues,
biological wastes, landfill gas, energy crops, and eligible components
of municipal solid waste), solar, geothermal, or wind resources; or
industrial waste gases where the party making the submission involved
certifies that there is no net increase in sulfur dioxide emissions from
the use of such gases. ``Demand-side measure'' includes the measures
listed in part 73, appendix A, section 1 of this chapter.
Designated representative means a responsible natural person
authorized by the owners and operators of an affected source and of all
affected units at the source or by the owners and operators of a
combustion source or process source, as evidenced by a certificate of
representation submitted in accordance with subpart B of this part, to
represent and legally bind each owner and operator, as a matter of
Federal
[[Page 13]]
law, in matters pertaining to the Acid Rain Program. Whenever the term
``responsible official'' is used in part 70 of this chapter, in any
other regulations implementing title V of the Act, or in a State
operating permit program, it shall be deemed to refer to the
``designated representative'' with regard to all matters under the Acid
Rain Program.
Desulfurization refers to various procedures whereby sulfur is
removed from petroleum during or apart from the refining process.
``Desulfurization'' does not include such processes as dilution or
blending of low sulfur content diesel fuel with high sulfur content
diesel fuel from a diesel refinery not eligible under 40 CFR part 73,
subpart G.
Diesel-fired unit means, for the purposes of part 75 of this
chapter, an oil-fired unit that combusts diesel fuel as its fuel oil,
where the supplementary fuel, if any, shall be limited to natural gas or
gaseous fuels containing no more sulfur than natural gas.
Diesel fuel means a low sulfur fuel oil of grades 1-D or 2-D, as
defined by the American Society for Testing and Materials standard ASTM
D975-91, ``Standard Specification for Diesel Fuel Oils,'' grades 1-GT or
2-GT, as defined by ASTM D2880-90a, ``Standard Specification for Gas
Turbine Fuel Oils,'' or grades 1 or 2, as defined by ASTM D396-90a,
``Standard Specification for Fuel Oils'' (incorporated by reference in
Sec. 72.13).
Diesel reciprocating engine unit means an internal combustion engine
that combusts only diesel fuel and that thereby generates electricity
through the operation of pistons, rather than by heating steam or water.
Diluent cap value means a default value of percent CO2 or
O2 which may be used to calculate the hourly NOX
emission rate, CO2 mass emission rate, or heat input rate,
when the measured hourly average percent CO2 is below the
default value or when the measured hourly average percent O2
is above the default value. The diluent cap values for boilers are 5.0
percent CO2 and 14.0 percent O2. For combustion
turbines, the diluent cap values are 1.0 percent CO2 and 19.0
percent O2.
Diluent gas means a major gaseous constituent in a gaseous pollutant
mixture, which in the case of emissions from fossil fuel-fired units are
carbon dioxide and oxygen.
Diluent gas monitor means that component of the continuous emission
monitoring system that measures the diluent gas concentration in a
unit's flue gas.
Direct public utility ownership means direct ownership of equipment
and facilities by one or more corporations, the principal business of
which is sale of electricity to the public at retail. Percentage
ownership of such equipment and facilities shall be measured on the
basis of book value.
Direct Sale Subaccount means a subaccount in the Special Allowance
Reserve, as specified in section 416(b) of the Act, which contains Phase
II allowances to be sold in the amount of 25,000 per year, from calendar
year 1993 to 1999, inclusive, and of 50,000 per year for each year
beginning in calendar year 2000, subject to the adjustments noted in the
regulations at part 73, subpart E of this chapter.
Dispatch means the assignment within a dispatch system of generating
levels to specific units and generators to effect the reliable and
economical supply of electricity, as customer demand rises or falls, and
includes:
(1) The operation of high-voltage lines, substations, and related
equipment; and
(2) The scheduling of generation for the purpose of supplying
electricity to other utilities over interconnecting transmission lines.
Draft Acid Rain permit or draft permit means the version of the Acid
Rain permit, or the Acid Rain portion of an operating permit, that a
permitting authority offers for public comment.
Dual-fuel reciprocating engine unit means an internal combustion
engine that combusts any combination of natural gas and diesel fuel and
that thereby generates electricity through the operation of pistons,
rather than by heating steam or water.
Eligible Indian tribe means any eligible Indian tribe as defined in
part 71 of this chapter.
Emergency fuel means either:
[[Page 14]]
(1) For purposes of the requirements for a fuel flowmeter used in an
excepted monitoring system under appendix D or E of part 75 of this
chapter, the fuel identified by the designated representative in the
unit's monitoring plan as the fuel which is combusted only during
emergencies where the primary fuel is not available; or
(2) For purposes of the requirement for stack testing for an
excepted monitoring system under appendix E of part 75 of this chapter,
the fuel identified in a federally-enforceable permit for a plant and
identified by the designated representative in the unit's monitoring
plan as the fuel which is combusted only during emergencies where the
primary fuel is not available.
Emissions means air pollutants exhausted from a unit or source into
the atmosphere, as measured, recorded, and reported to the Administrator
by the designated representative and as determined by the Administrator,
in accordance with the emissions monitoring requirements of part 75 of
this chapter.
Environmental Appeals Board means the three-member board established
pursuant to Sec. 1.25(e) of this chapter and authorized to hear appeals
pursuant to part 78 of this chapter.
EPA means the United States Environmental Protection Agency.
EPA protocol gas means a calibration gas mixture prepared and
analyzed according to section 2 of the ``EPA Traceability Protocol for
Assay and Certification of Gaseous Calibration Standards,'' September
1997, EPA-600/R-97/121 or such revised procedure as approved by the
Administrator.
EPA trial staff means an employee of EPA, whether temporary or
permanent, who has been designated by the Administrator to investigate,
litigate, and present evidence, arguments, and positions of EPA in any
evidentiary hearing under part 78 of this chapter. Any EPA or permitting
authority employee, consultant, or contractor who is called as a witness
in the evidentiary hearing by EPA trial staff shall be deemed to be
``EPA trial staff''.
Equivalent diameter means a value, calculated using the Equation 1-1
in section 12.2 of Method 1 in part 60, appendix A of this chapter, and
used to determine the upstream and downstream distances for locating
CEMS or CEMS components in flues or stacks with rectangular cross
sections.
Ex parte communication means any communication, written or oral,
relating to the merits of an adjudicatory proceeding under part 78 of
this chapter, that was not originally included or stated in the
administrative record, in a pleading, or in an evidentiary hearing or
oral argument under part 78 of this chapter, between the decisional body
and any interested person outside EPA or any EPA trial staff. Ex parte
communication shall not include:
(1) Communication between EPA employees other than between EPA trial
staff and a member of the decisional body; or
(2) Communication between the decisional body and interested persons
outside the Agency, or EPA trial staff, where all parties to the
proceeding have received prior written notice of the proposed
communication and are given an opportunity to be present and to
participate therein.
Excepted monitoring system means a monitoring system that follows
the procedures and requirements of Sec. 75.19 of this chapter or of
appendix D or E to part 75 for approved exceptions to the use of
continuous emission monitoring systems.
Excess emissions means:
(1) Any tonnage of sulfur dioxide emitted by an affected unit during
a calendar year that exceeds the Acid Rain emissions limitation for
sulfur dioxide for the unit; and
(2) Any tonnage of nitrogen oxide emitted by an affected unit during
a calendar year that exceeds the annual tonnage equivalent of the Acid
Rain emissions limitation for nitrogen oxides applicable to the affected
unit taking into account the unit's heat input for the year.
Existing unit means a unit (including a unit subject to section 111
of the Act) that commenced commercial operation before November 15, 1990
and that on or after November 15, 1990 served a generator with nameplate
capacity of greater than 25 MWe. ``Existing unit'' does not include
simple combustion turbines or any unit that on or after November 15,
1990 served only generators with a
[[Page 15]]
nameplate capacity of 25 MWe or less. Any ``existing unit'' that is
modified, reconstructed, or repowered after November 15, 1990 shall
continue to be an ``existing unit.''
Facility means any institutional, commercial, or industrial
structure, installation, plant, source, or building.
File means to send or transmit a document, information, or
correspondence to the official custody of the person specified to take
possession in accordance with the applicable regulation. Compliance with
any ``filing'' deadline shall be determined by the date that person
receives the document, information, or correspondence.
Flow meter accuracy means the closeness of the measurement made by a
flow meter to the reference value of the fuel flow being measured,
expressed as the difference between the measurement and the reference
value.
Flow monitor means a component of the continuous emission monitoring
system that measures the volumetric flow of exhaust gas.
Flue means a conduit or duct through which gases or other matter are
exhausted to the atmosphere.
Flue gas desulfurization system means a type of add-on emission
control used to remove sulfur dioxide from flue gas, commonly referred
to as a ``scrubber.''
Forced outage means the removal of a unit from service due to an
unplanned component failure or other unplanned condition that requires
such removal immediately or within 7 days from the onset of the
unplanned component failure or condition. For purposes of Secs. 72.43,
72.91, and 72.92, ``forced outage'' also includes a partial reduction in
the heat input or electrical output due to an unplanned component
failure or other unplanned condition that requires such reduction
immediately or within 7 days from the onset of the unplanned component
failure or condition.
Fossil fuel means natural gas, petroleum, coal, or any form of
solid, liquid, or gaseous fuel derived from such material.
Fossil fuel-fired means the combustion of fossil fuel or any
derivative of fossil fuel, alone or in combination with any other fuel,
independent of the percentage of fossil fuel consumed in any calendar
year (expressed in mmBtu).
Fuel flowmeter QA operating quarter means a unit operating quarter
in which the unit combusts the fuel measured by the fuel flowmeter for
at least 168 unit operating hours (as defined in this section).
Fuel flowmeter system means an excepted monitoring system (as
defined in this section) which provides a continuous record of the flow
rate of fuel oil or gaseous fuel, in accordance with appendix D to part
75 of this chapter. A fuel flowmeter system consists of one or more fuel
flowmeter components, all necessary auxiliary components (e.g.,
transmitters, transducers, etc.), and a data acquisition and handling
system (DAHS).
Fuel oil means any petroleum-based fuel (including diesel fuel or
petroleum derivatives such as oil tar) as defined by the American
Society for Testing and Materials in ASTM D396-90a, ``Standard
Specification for Fuel Oils'' (incorporated by reference in Sec. 72.13),
and any recycled or blended petroleum products or petroleum by-products
used as a fuel whether in a liquid, solid or gaseous state; provided
that for purposes of the monitoring requirements of part 75 of this
chapter, ``fuel oil'' shall be limited to the petroleum-based fuels for
which applicable ASTM methods are specified in Appendices D, E, or F of
part 75 of this chapter.
Fuel supply agreement means a legally binding agreement between a
new IPP or a firm associated with a new IPP and a fuel supplier that
establishes the terms and conditions under which the fuel supplier
commits to provide fuel to be delivered to the new IPP.
Fuel usage time means the portion of a clock hour during which a
unit combusts a particular type of fuel. The fuel usage time, in hours,
is expressed as a decimal fraction, with valid values ranging from 0.00
to 1.00.
Future year subaccount means a subaccount in an Allowance Tracking
System account, established by the Administrator pursuant to Sec. 73.31
of this chapter, in which allowances are held for one of the 30 years
following the later of 1995 or a current calendar year following 1995.
Gas-fired means:
[[Page 16]]
(1) For all purposes under the Acid Rain Program, except for part 75
of this chapter, the combustion of:
(i) Natural gas or other gaseous fuel (including coal-derived
gaseous fuel), for at least 90.0 percent of the unit's average annual
heat input during the previous three calendar years and for at least
85.0 percent of the annual heat input in each of those calendar years;
and
(ii) Any fuel, except coal or solid or liquid coal-derived fuel, for
the remaining heat input, if any.
(2) For purposes of part 75 of this chapter, the combustion of:
(i) Natural gas or other gaseous fuel (including coal-derived
gaseous fuel) for at least 90.0 percent of the unit's average annual
heat input during the previous three calendar years and for at least
85.0 percent of the annual heat input in each of those calendar years;
and
(ii) Fuel oil, for the remaining heat input, if any.
(3) For purposes of part 75 of this chapter, a unit may initially
qualify as gas-fired if the designated representative demonstrates to
the satisfaction of the Administrator that the requirements of paragraph
(2) of this definition are met, or will in the future be met, through
one of the following submissions:
(i) For a unit for which a monitoring plan has not been submitted
under Sec. 75.62 of this chapter, the designated representative submits
either:
(A) Fuel usage data for the unit for the three calendar years
immediately preceding the date of initial submission of the monitoring
plan for the unit under Sec. 75.62; or
(B) If a unit does not have fuel usage data for one or more of the
three calendar years immediately preceding the date of initial
submission of the monitoring plan for the unit under Sec. 75.62, the
unit's designated fuel usage; all available fuel usage data (including
the percentage of the unit's heat input derived from the combustion of
gaseous fuels), beginning with the date on which the unit commenced
commercial operation; and the unit's projected fuel usage.
(ii) For a unit for which a monitoring plan has already been
submitted under Sec. 75.62, that has not qualified as gas-fired under
paragraph (3)(i) of this definition, and whose fuel usage changes, the
designated representative submits either:
(A) Three calendar years of data following the change in the unit's
fuel usage, showing that no less than 90.0 percent of the unit's average
annual heat input during the previous three calendar years, and no less
than 85.0 percent of the unit's annual heat input during any one of the
previous three calendar years, is from the combustion of gaseous fuels
and the remaining heat input is from the combustion of fuel oil; or
(B) A minimum of 720 hours of unit operating data following the
change in the unit's fuel usage, showing that no less than 90.0 percent
of the unit's heat input is from the combustion of gaseous fuels and the
remaining heat input is from the combustion of fuel oil, and a statement
that this changed pattern of fuel usage is considered permanent and is
projected to continue for the foreseeable future.
(iii) If a unit qualifies as gas-fired under paragraph (3)(i) or
(ii) of this definition, the unit is classified as gas-fired as of the
date of the submission under such paragraph.
(4) For purposes of part 75 of this chapter, a unit that initially
qualifies as gas-fired under paragraph (3)(i) or (ii) of this definition
must meet the criteria in paragraph (2) of this definition each year in
order to continue to qualify as gas-fired. If such a unit combusts only
gaseous fuel and fuel oil but fails to meet such criteria for a given
year, the unit no longer qualifies as gas-fired starting January 1 of
the year after the first year for which the criteria are not met. If
such a unit combusts fuel other than gaseous fuel or fuel oil and fails
to meet such criteria in a given year, the unit no longer qualifies as
gas-fired starting the day after the first day for which the criteria
are not met. If a unit failing to meet the criteria in paragraph (2) of
this definition initially qualified as a gas-fired unit under paragraph
(3) of this definition, the unit may qualify as a gas-fired unit for a
subsequent year only if the designated representative
[[Page 17]]
submits the data specified in paragraph (3)(ii)(A) of this definition.
Gas manufacturer's intermediate standard (GMIS) means a compressed
gas calibration standard that has been assayed and certified by direct
comparison to a standard reference material (SRM), an SRM-equivalent
PRM, a NIST/EPA-approved certified reference material (CRM), or a NIST
traceable reference material (NTRM), in accordance with section 2.1.2.1
of the ``EPA Traceability Protocol for Assay and Certification of
Gaseous Calibration Standards,'' September 1997, EPA-600/R-97/121.
Gaseous fuel means a material that is in the gaseous state at
standard atmospheric temperature and pressure conditions and that is
combusted to produce heat.
General account means an Allowance Tracking System account that is
not a unit account.
Generator means a device that produces electricity and was or would
have been required to be reported as a generating unit pursuant to the
United States Department of Energy Form 860 (1990 edition).
Generator Output capacity means the full-load continuous rating of a
generator under specific conditions as designed by the manufacturer.
Hearing clerk means an EPA employee designated by the Administrator
to establish a repository for all books, records, documents, and other
materials relating to proceedings under part 78 of this chapter.
Heat input rate means the product (expressed in mmBtu/hr) of the
gross calorific value of the fuel (expressed in mmBtu/mass of fuel) and
the fuel feed rate into the combustion device (expressed in mass of
fuel/hr) and does not include the heat derived from preheated combustion
air, recirculated flue gases, or exhaust from other sources.
Hour before and hour after means, for purposes of the missing data
substitution procedures of part 75 of this chapter, the quality-assured
hourly SO2 or CO2 concentration, hourly flow rate,
hourly NOX concentration, hourly moisture, hourly
O2 concentration, or hourly NOX emission rate (as
applicable) recorded by a certified monitor during the unit or stack
operating hour immediately before and the unit or stack operating hour
immediately after a missing data period.
Hybrid generation facility means a plant that generates electrical
energy derived from a combination of qualified renewable energy (wind,
solar, biomass, or geothermal) and one or more other energy resources.
Independent auditor means a professional engineer who is not an
employee or agent of the source being audited.
Independent Power Production Facility (IPP) means a source that:
(1) Is nonrecourse project financed, as defined by the Secretary of
Energy at 10 CFR part 715;
(2) Is used for the generation of electricity, eighty percent or
more of which is sold at wholesale; and
(3) Is a new unit required to hold allowances under Title IV of the
Clean Air Act; but only if direct public utility ownership of the
equipment comprising the facility does not exceed 50 percent.
Interested person means any person who submitted written comments or
testified at a public hearing on the draft permit or other matter
subject to notice and comment under the Acid Rain Program or any person
who submitted his or her name to the Administrator or the permitting
authority, as appropriate, to be placed on a list of persons interested
in such matter. The Administrator or the permitting authority may update
the list of interested persons from time to time by requesting
additional written indication of continued interest from the persons
listed and may delete from the list the name of any person failing to
respond as requested.
Investor-owned utility means a utility that is organized as a tax-
paying for-profit business.
Kilowatthour saved or savings means the net savings in electricity
use (expressed in Kwh) that result directly from a utility's energy
conservation measures or programs.
Least-cost plan or least-cost planning process means an energy
conservation and electric power planning methodology meeting the
requirements of Sec. 73.82(a)(4) of this chapter.
[[Page 18]]
Life-of-the-unit, firm power contractual arrangement means a unit
participation power sales agreement under which a utility or industrial
customer reserves, or is entitled to receive, a specified amount or
percentage of nameplate capacity and associated energy generated by any
specified generating unit and pays its proportional amount of such
unit's total costs, pursuant to a contract:
(1) For the life of the unit;
(2) For a cumulative term of no less than 30 years, including
contracts that permit an election for early termination; or
(3) For a period equal to or greater than 25 years or 70 percent of
the economic useful life of the unit determined as of the time the unit
was built, with option rights to purchase or release some portion of the
nameplate capacity and associated energy generated by the unit at the
end of the period.
Low mass emissions unit means an affected unit that is ``gas-fired''
or ``oil-fired'' (as defined in this section), and that qualifies to use
the low mass emissions excepted methodology in Sec. 75.19 of this
chapter.
Mail or serve by mail means to submit or serve by means other than
personal service.
Maximum potential hourly heat input means an hourly heat input used
for reporting purposes when a unit lacks certified monitors to report
heat input. If the unit intends to use appendix D of part 75 of this
chapter to report heat input, this value should be calculated, in
accordance with part 75 of this chapter, using the maximum fuel flow
rate and the maximum gross calorific value. If the unit intends to use a
flow monitor and a diluent gas monitor, this value should be reported,
in accordance with part 75 of this chapter, using the maximum potential
flow rate and either the maximum carbon dioxide concentration (in
percent CO2) or the minimum oxygen concentration (in percent
O2).
Maximum potential NOX emission rate or MER means the
emission rate of nitrogen oxides (in lb/mmBtu) calculated in accordance
with section 3 of appendix F to part 75 of this chapter, using the
maximum potential nitrogen oxides concentration (MPC), as defined in
section 2.1.2.1 of appendix A to part 75 of this chapter, and either the
maximum oxygen concentration (in percent O2) or the minimum
carbon dioxide concentration (in percent CO2) under all
operating conditions of the unit except for unit start-up, shutdown, and
upsets. The diluent cap value, as defined in this section, may be used
in lieu of the maximum O2 or minimum CO2
concentration to calculate the MER. As a second alternative, when the
NOX MPC is determined from emission test results or from
historical CEM data, as described in section 2.1.2.1 of appendix A to
part 75 of this chapter, quality-assured diluent gas (i.e.,
O2 or CO2) data recorded concurrently with the MPC
may be used to calculate the MER. For the purposes of Secs. 75.4(f),
75.19(b)(3), and 75.33(c)(7) in part 75 of this chapter and section 2.5
in appendix E to part 75 of this chapter, the MER is specific to the
type of fuel combusted in the unit.
Maximum rated hourly heat input rate means a unit-specific maximum
hourly heat input rate (mmBtu/hr) which is the higher of the
manufacturer's maximum rated hourly heat input rate or the highest
observed hourly heat input rate.
Missing data period means the total number of consecutive hours
during which any certified CEMS or approved alternative monitoring
system is not providing quality-assured data, regardless of the reason.
Monitor accuracy means the closeness of the measurement made by a
CEMS to the reference value of the emissions or volumetric flow being
measured, expressed as the difference between the measurement and the
reference value.
Monitor operating hour means any unit operating hour or portion
thereof over which a CEMS, or other monitoring system approved by the
Administrator under part 75 of this chapter is operating, regardless of
the number of measurements (i.e., data points) collected during the hour
or portion of an hour.
Most stringent federally enforceable emissions limitation means the
most stringent emissions limitation for a given pollutant applicable to
the unit,
[[Page 19]]
which has been approved by the Administrator under the Act, whether in a
State implementation plan approved pursuant to title I of the Act, a new
source performance standard, or otherwise. To determine the most
stringent emissions limitation for sulfur dioxide, each limitation shall
be converted to lbs/mmBtu, using the appropriate conversion factors in
appendix B of this part; provided that for determining the most
stringent emissions limitation for sulfur dioxide for 1985, each
limitation shall also be annualized, using the appropriate annualization
factors in appendix A of this part.
Multi-header generator means a generator served by ductwork from
more than one unit.
Multi-header unit means a unit with ductwork serving more than one
generator.
Multiple stack configuration refers to an exhaust configuration in
which the flue gases from a particular unit discharge to the atmosphere
through two or more stacks. The term also refers to a unit for which
emissions are monitored in two or more ducts leading to the exhaust
stack, in lieu of monitoring at the stack.
Nameplate capacity means the maximum electrical generating output
(expressed in MWe) that a generator can sustain over a specified period
of time when not restricted by seasonal or other deratings, as listed in
the NADB under the data field ``NAMECAP'' if the generator is listed in
the NADB or as measured in accordance with the United States Department
of Energy standards if the generator is not listed in the NADB.
National Allowance Data Base or NADB means the data base established
by the Administrator under section 402(4)(C) of the Act.
Natural gas means a naturally occurring fluid mixture of
hydrocarbons (e.g., methane, ethane, or propane) produced in geological
formations beneath the Earth's surface that maintains a gaseous state at
standard atmospheric temperature and pressure under ordinary conditions.
Natural gas contains 20.0 grains or less of total sulfur per 100
standard cubic feet. Additionally, natural gas must either be composed
of at least 70 percent methane by volume or have a gross calorific value
between 950 and 1100 Btu per standard cubic foot. Natural gas does not
include the following gaseous fuels: landfill gas, digester gas,
refinery gas, sour gas, blast furnace gas, coal-derived gas, producer
gas, coke oven gas, or any gaseous fuel produced in a process which
might result in highly variable sulfur content or heating value.
NERC region means the North American Electric Reliability Council
region or, if any, subregion.
Net income neutrality means, in the case of energy conservation
measures undertaken by an investor-owned utility whose rates are
regulated by a State utility regulatory authority, rates and charges
established by the State utility regulatory authority that ensure that
the net income earned by the utility on its State-jurisdictional equity
investment will be no lower as a consequence of its expenditures on
cost-effective qualified energy conservation measures and any associated
lost sales than it would have been had the utility not made such
expenditures, or that the State utility regulatory authority has
implemented a ratemaking approach designed to meet this objective.
New independent power production facility or new IPP means a unit
that:
(1) Commences commercial operation on or after November 15, 1990;
(2) Is nonrecourse project-financed, as defined in 10 CFR part 715;
(3) Sells 80% of electricity generated at wholesale; and
(4) Does not sell electricity to any affiliate or, if it does,
demonstrates it cannot obtain the required allowances from such an
affiliate.
New unit means a unit that commences commercial operation on or
after November 15, 1990, including any such unit that serves a generator
with a nameplate capacity of 25 MWe or less or that is a simple
combustion turbine.
Ninetieth (90th) percentile means a value that would divide an
ordered set of increasing values so that at least 90 percent are less
than or equal to the value and at least 10 percent are greater than or
equal to the value.
Ninety-fifth (95th) percentile means a value that would divide an
ordered set of increasing values so that at least 95
[[Page 20]]
percent of the set are less than or equal to the value and at least 5
percent are greater than or equal to the value.
NIST/EPA-approved certified reference material or NIST/EPA-approved
CRM means a calibration gas mixture that has been approved by EPA and
the National Institutes of Standards and Technologies (NIST) as having
specific known chemical or physical property values certified by a
technically valid procedure as evidenced by a certificate or other
documentation issued by a certifying standard-setting body.
NIST traceable reference material (NTRM) means a calibration gas
mixture tested by and certified by the National Institutes of Standards
and Technologies (NIST) to have a certain specified concentration of
gases. NTRMs may have different concentrations from those of standard
reference materials.
Offset plan means a plan pursuant to part 77 of this chapter for
offsetting excess emissions of sulfur dioxide that have occurred at an
affected unit in any calendar year.
Oil-fired means:
(1) For all purposes under the Acid Rain Program, except part 75 of
this chapter, the combustion of:
(i) Fuel oil for more than 10.0 percent of the average annual heat
input during the previous three calendar years or for more than 15.0
percent of the annual heat input during any one of those calendar years;
and
(ii) Any solid, liquid or gaseous fuel (including coal-derived
gaseous fuel), other than coal or any other coal-derived solid or liquid
fuel, for the remaining heat input, if any.
(2) For purposes of part 75 of this chapter, combustion of only fuel
oil and gaseous fuels, provided that the unit involved does not meet the
definition of gas-fired.
Opacity means the degree to which emissions reduce the transmission
of light and obscure the view of an object in the background.
Operating when referring to a combustion or process source seeking
entry into the Opt-in Program, means that the source had documented
consumption of fuel input for more than 876 hours in the 6 months
immediately preceding the submission of a combustion source's opt-in
application under Sec. 74.16(a) of this chapter.
Operating permit means a permit issued under part 70 of this chapter
and any other regulations implementing title V of the Act.
Opt in or opt into means to elect to become an affected unit under
the Acid Rain Program through the issuance of the final effective opt-in
permit under Sec. 74.14 of this chapter.
Opt-in permit means the legally binding written document that is
contained within the Acid Rain permit and sets forth the requirements
under part 74 of this chapter for a combustion source or a process
source that opts into the Acid Rain Program.
Opt-in source means a combustion source or process source that has
elected to become an affected unit under the Acid Rain Program and whose
opt-in permit has been issued and is in effect.
Out-of-control period means any period:
(1) Beginning with the hour corresponding to the completion of a
daily calibration error, linearity check, or quality assurance audit
that indicates that the instrument is not measuring and recording within
the applicable performance specifications; and
(2) Ending with the hour corresponding to the completion of an
additional calibration error, linearity check, or quality assurance
audit following corrective action that demonstrates that the instrument
is measuring and recording within the applicable performance
specifications.
Oversubscription payment deadline means 30 calendar days prior to
the allowance transfer deadline.
Owner means any of the following persons:
(1) Any holder of any portion of the legal or equitable title in an
affected unit or in a combustion source or process source; or
(2) Any holder of a leasehold interest in an affected unit or in a
combustion source or process source; or
(3) Any purchaser of power from an affected unit or from a
combustion source or process source under a life-of-the-unit, firm power
contractual arrangement as the term is defined herein and used in
section 408(i) of the Act. However, unless expressly provided for
[[Page 21]]
in a leasehold agreement, owner shall not include a passive lessor, or a
person who has an equitable interest through such lessor, whose rental
payments are not based, either directly or indirectly, upon the revenues
or income from the affected unit; or
(4) With respect to any Allowance Tracking System general account,
any person identified in the submission required by Sec. 73.31(c) of
this chapter that is subject to the binding agreement for the authorized
account representative to represent that person's ownership interest
with respect to allowances.
Owner or operator means any person who is an owner or who operates,
controls, or supervises an affected unit, affected source, combustion
source, or process source and shall include, but not be limited to, any
holding company, utility system, or plant manager of an affected unit,
affected source, combustion source, or process source.
Ozone nonattainment area means an area designated as a nonattainment
area for ozone under subpart C of part 81 of this chapter.
Ozone season means the period of time beginning May 1 of a year and
ending on September 30 of the same year, inclusive.
Ozone transport region means the ozone transport region designated
under Section 184 of the Act.
Peaking unit means:
(1) A unit that has:
(i) An average capacity factor of no more than 10.0 percent during
the previous three calendar years and
(ii) A capacity factor of no more than 20.0 percent in each of those
calendar years.
(2) For purposes of part 75 of this chapter, a unit may initially
qualify as a peaking unit if the designated representative demonstrates
to the satisfaction of the Administrator that the requirements of
paragraph (1) of this definition are met, or will in the future be met,
through one of the following submissions:
(i) For a unit for which a monitoring plan has not been submitted
under Sec. 75.62, the designated representative submits either:
(A) Capacity factor data for the unit for the three calendar years
immediately preceding the date of initial submission of the monitoring
plan for the unit under Sec. 75.62; or
(B) If a unit does not have capacity factor data for one or more of
the three calendar years immediately preceding the date of initial
submission of the monitoring plan for the unit under Sec. 75.62, all
available capacity factor data, beginning with the date on which the
unit commenced commercial operation; and projected capacity factor data.
(ii) For a unit for which a monitoring plan has already been
submitted under Sec. 75.62, that has not qualified as a peaking unit
under paragraph (2)(i) of this definition, and where capacity factor
changes, the designated representative submits either:
(A) Three calendar years of data following the change in the unit's
capacity factor showing an average capacity factor of no more than 10.0
percent during the three previous calendar years and a capacity factor
of no more than 20.0 percent in each of those calendar years; or
(B) One calendar year of data following the change in the unit's
capacity factor showing a capacity factor of no more than 10.0 percent
and a statement that this changed pattern of operation resulting in a
capacity factor less than 10.0 percent is considered permanent and is
projected to continue for the foreseeable future.
(3) For purposes of part 75 of this chapter, a unit that initially
qualifies as a peaking unit must meet the criteria in paragraph (1) of
this definition each year in order to continue to qualify as a peaking
unit. If such a unit fails to meet such criteria for a given year, the
unit no longer qualifies as a peaking unit starting January 1 of the
year after the year for which the criteria are not met. If a unit
failing to meet the criteria in paragraph (1) of this definition
initially qualified as a peaking unit under paragraph (2) of this
definition, the unit may qualify as a peaking unit for a subsequent year
only if the designated representative submits the data specified in
paragraph (2)(ii)(A) of this definition.
(4) A unit required to comply with the provisions of subpart H of
part 75 of this chapter, under a State or Federal
[[Page 22]]
NOX mass emissions reduction program, may, pursuant to
Sec. 75.74(c)(11) in part 75 of this chapter, qualify as a peaking unit
on an ozone season basis rather than an annual basis, if the owner or
operator reports NOX mass emissions and heat input data only
during the ozone season.
Permit revision means a permit modification, fast track
modification, administrative permit amendment, or automatic permit
amendment, as provided in subpart H of this part.
Permitting authority means either:
(1) When the Administrator is responsible for administering Acid
Rain permits under subpart G of this part, the Administrator or a
delegatee agency authorized by the Administrator; or
(2) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to
administer Acid Rain permits under subpart G of this part and part 70 of
this chapter.
Person includes an individual, corporation, partnership,
association, State, municipality, political subdivision of a State, any
agency, department, or instrumentality of the United States, and any
officer, agent, or employee thereof.
Phase I means the Acid Rain Program period beginning January 1, 1995
and ending December 31, 1999.
Phase I unit means any affected unit, except an affected unit under
part 74 of this chapter, that is subject to an Acid Rain emissions
reduction requirement or Acid Rain emissions limitation beginning in
Phase I; or any unit exempt under Sec. 72.8 that, but for such
exemption, would be subject to an Acid Rain emissions reduction
requirement or Acid Rain emissions limitation beginning in Phase I.
Phase II means the Acid Rain Program period beginning January 1,
2000, and continuing into the future thereafter.
Phase II unit means any affected unit, except an affected unit under
part 74 of this chapter, that is subject to an Acid Rain emissions
reduction requirement or Acid Rain emissions limitation during Phase II
only.
Pipeline natural gas means a naturally occurring fluid mixture of
hydrocarbons (e.g., methane, ethane, or propane) produced in geological
formations beneath the Earth's surface that maintains a gaseous state at
standard atmospheric temperature and pressure under ordinary conditions,
and which is provided by a supplier through a pipeline. Pipeline natural
gas contains 0.5 grains or less of total sulfur per 100 standard cubic
feet. Additionally, pipeline natural gas must either be composed of at
least 70 percent methane by volume or have a gross calorific value
between 950 and 1100 Btu per standard cubic foot.
Pollutant concentration monitor means that component of the
continuous emission monitoring system that measures the concentration of
a pollutant in a unit's flue gas.
Potential electrical output capacity means the MWe capacity rating
for the units which shall be equal to 33 percent of the maximum design
heat input capacity of the steam generating unit, as calculated
according to appendix D of part 72.
Power distribution system means the portion of an electricity grid
owned or operated by a utility that is dedicated to delivering electric
energy to customers.
Power purchase commitment means a commitment or obligation of a
utility to purchase electric power from a facility pursuant to:
(1) A power sales agreement;
(2) A state regulatory authority order requiring a utility to:
(i) Enter into a power sales agreement with the facility;
(ii) Purchase from the facility; or
(iii) Enter into arbitration concerning the facility for the purpose
of establishing terms and conditions of the utility's purchase of power;
(3) A letter of intent or similar instrument committing to purchase
power (actual electrical output or generator output capacity) from the
source at a previously offered or lower price and a power sales
agreement applicable to the source is executed within the time frame
established by the terms of the letter of intent but no later than
November 15, 1993 or, where the letter of intent does not specify a time
frame, a power sale agreement applicable to the source is executed on or
before November 15, 1993; or
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(4) A utility competitive bid solicitation that has resulted in the
selection of the qualifying facility or independent power production
facility as the winning bidder.
Power sales agreement is a legally binding agreement between a QF,
IPP, new IPP, or firm associated with such facility and a regulated
electric utility that establishes the terms and conditions for the sale
of power from the facility to the utility.
Presiding Officer means an Administrative Law Judge appointed under
5 U.S.C. 3105 and designated to preside at a hearing in an appeal under
part 78 of this chapter or an EPA lawyer designated to preside at any
such hearing under Sec. 78.6(b)(3)(ii) of this chapter.
Primary fuel or primary fuel supply means the main fuel type
(expressed in mmBtu) consumed by an affected unit for the applicable
calendar year.
Probationary calibration error test means an on-line calibration
error test performed in accordance with section 2.1.1 of appendix B to
part 75 of this chapter that is used to initiate a conditionally valid
data period.
Proposed Acid Rain permit or proposed permit means, in the case of a
State operating permit program, the version of an Acid Rain permit that
the permitting authority submits to the Administrator after the public
comment period, but prior to completion of the EPA permit review period,
as provided for in part 70 of this chapter.
QA operating quarter means a calendar quarter in which there are at
least 168 unit operating hours (as defined in this section) or, for a
common stack or bypass stack, a calendar quarter in which there are at
least 168 stack operating hours (as defined in this section).
Qualifying facility (QF) means a ``qualifying small power production
facility'' within the meaning of section 3(17)(C) of the Federal Power
Act or a ``qualifying cogeneration facility'' within the meaning of
section 3(18)(B) of the Federal Power Act.
Qualifying Phase I technology means a technological system of
continuous emission reduction that is demonstrated to achieve a ninety
(90) percent (or greater) reduction in emissions of sulfur dioxide from
the emissions that would have resulted from the use of fossil fuels that
were not subject to treatment prior to combustion, as provided in
Sec. 72.42.
Qualifying power purchase commitment means a power purchase
commitment in effect as of November 15, 1990 without regard to changes
to that commitment so long as:
(1) The identity of the electric output purchaser; or
(2) The identity of the steam purchaser and the location of the
facility, remain unchanged as of the date the facility commences
commercial operation; and
(3) The terms and conditions of the power purchase commitment are
not changed in such a way as to allow the costs of compliance with the
Acid Rain Program to be shifted to the purchaser.
Qualifying repowering technology means:
(1) Replacement of an existing coal-fired boiler with one of the
following clean coal technologies: Atmospheric or pressurized fluidized
bed combustion, integrated gasification combined cycle,
magnetohydrodynamics, direct and indirect coal-fired turbines,
integrated gasification fuel cells, or as determined by the
Administrator, in consultation with the Secretary of Energy, a
derivative of one or more of these technologies, and any other
technology capable of controlling multiple combustion emissions
simultaneously with improved boiler or generation efficiency and with
significantly greater waste reduction relative to the performance of
technology in widespread commercial use as of the date of enactment of
the Clean Air Act Amendments of 1990; or
(2) Any oil- or gas-fired unit that has been awarded clean coal
technology demonstration funding as of January 1, 1991, by the
Department of Energy.
Quality-assured monitor operating hour means any unit operating hour
or portion thereof over which a certified CEMS, or other monitoring
system approved by the Administrator under part 75 of this chapter, is
operating:
(1) Within the performance specifications set forth in part 75,
appendix A of this chapter and the quality assurance/quality control
procedures set forth in part 75, appendix B of this chapter,
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without unscheduled maintenance, repair, or adjustment; and
(2) In accordance with Sec. 75.10(d), (e), and (f) of this chapter.
Receive or receipt of means the date the Administrator or a
permitting authority comes into possession of information or
correspondence (whether sent in writing or by authorized electronic
transmission), as indicated in an official correspondence log, or by a
notation made on the information or correspondence, by the Administrator
or the permitting authority in the regular course of business.
Recordation, record, or recorded means, with regard to allowances,
the transfer of allowances by the Administrator from one Allowance
Tracking System account or subaccount to another.
Reduced utilization means a reduction, during any calendar year in
Phase I, in the heat input (expressed in mmBtu for the calendar year) at
a Phase I unit below the unit's baseline, where such reduction subjects
the unit to the requirement to submit a reduced utilization plan under
Sec. 72.43; or, in the case of an opt-in source, means a reduction in
the average utilization, as specified in Sec. 74.44 of this chapter, of
an opt-in source below the opt-in source's baseline.
Reference method means any direct test method of sampling and
analyzing for an air pollutant as specified in part 60, appendix A of
this chapter.
Reference value or reference signal means the known concentration of
a calibration gas, the known value of an electronic calibration signal,
or the known value of any other measurement standard approved by the
Administrator, assumed to be the true value for the pollutant or diluent
concentration or volumetric flow being measured.
Relative accuracy means a statistic designed to provide a measure of
the systematic and random errors associated with data from continuous
emission monitoring systems, and is expressed as the absolute mean
difference between the pollutant or moisture concentration or volumetric
flow measured by the pollutant concentration or flow monitor or moisture
monitor and the value determined by the applicable reference method(s)
plus the 2.5 percent error confidence coefficient of a series of tests
divided by the mean of the reference method tests in accordance with
part 75 of this chapter.
Replacement unit means an affected unit replacing the thermal energy
provided by an opt-in source, where both the affected unit and the opt-
in source are governed by a thermal energy plan.
Research gas material (RGM) means a calibration gas mixture
developed by agreement of a requestor and the National Institutes for
Standards and Technologies (NIST) that NIST analyzes and certifies as
``NIST traceable.'' RGMs may have concentrations different from those of
standard reference materials.
Research gas mixture (RGM) means a calibration gas mixture developed
by agreement of a requestor and NIST that NIST analyzes and certifies as
``NIST traceable.'' RGMs may have concentrations different from those of
standard reference materials.
Schedule of compliance means an enforceable sequence of actions,
measures, or operations designed to achieve or maintain compliance, or
correct non-compliance, with an applicable requirement of the Acid Rain
Program, including any applicable Acid Rain permit requirement.
Secretary of Energy means the Secretary of the United States
Department of Energy or the Secretary's duly authorized representative.
Serial number means, when referring to allowances, the unique
identification number assigned to each allowance by the Administrator,
pursuant to Sec. 73.34(d) of this chapter.
Simple combustion turbine means a unit that is a rotary engine
driven by a gas under pressure that is created by the combustion of any
fuel. This term includes combined cycle units without auxiliary firing.
This term excludes combined cycle units with auxiliary firing, unless
the unit did not use the auxiliary firing from 1985 through 1987 and
does not use auxiliary firing at any time after November 15, 1990.
Site lease, as used in part 73, subpart E of this chapter, means a
legally-binding agreement signed between a new IPP or a firm associated
with a new IPP and a site owner that establishes the terms and
conditions under which the new IPP or the firm associated
[[Page 25]]
with the new IPP has the binding right to utilize a specific site for
the purposes of operating or constructing the new IPP.
Small diesel refinery means a domestic motor diesel fuel refinery or
portion of a refinery that, as an annual average of calendar years 1988
through 1990 and as reported to the Department of Energy on Form 810,
had bona fide crude oil throughput less than 18,250,000 barrels per
year, and the refinery or portion of a refinery is owned or controlled
by a refiner with a total combined bona fide crude oil throughput of
less than 50,187,500 barrels per year.
Solid waste incinerator means a source as defined in section
129(g)(1) of the Act.
Source means any governmental, institutional, commercial, or
industrial structure, installation, plant, building, or facility that
emits or has the potential to emit any regulated air pollutant under the
Act. For purposes of section 502(c) of the Act, a ``source'', including
a ``source'' with multiple units, shall be considered a single
``facility.''
Span means the highest pollutant or diluent concentration or flow
rate that a monitor component is required to be capable of measuring
under part 75 of this chapter.
Spot allowance means an allowance that may be used for purposes of
compliance with a unit's Acid Rain sulfur dioxide emissions limitation
requirements beginning in the year in which the allowance is offered for
sale.
Spot auction means an auction of a spot allowance.
Spot sale means a sale of a spot allowance.
Stack means a structure that includes one or more flues and the
housing for the flues.
Stack operating hour means a clock hour during which flue gases flow
through a particular stack or duct (either for the entire hour or for
part of the hour) while the associated unit(s) are combusting fuel.
Stack operating time means the portion of a clock hour during which
flue gases flow through a particular stack or duct while the associated
unit(s) are combusting fuel. The stack operating time, in hours, is
expressed as a decimal fraction, with valid values ranging from 0.00 to
1.00.
Standard conditions means 68 deg.F at 1 atm (29.92 in. of mercury).
Standard reference material or SRM means a calibration gas mixture
issued and certified by NIST as having specific known chemical or
physical property values.
Standard reference material-equivalent compressed gas primary
reference material (SRM-equivalent PRM) means those gas mixtures listed
in a declaration of equivalence in accordance with section 2.1.2 of the
``EPA Traceability Protocol for Assay and Certification of Gaseous
Calibration Standards,'' September 1997, EPA-600/R-97/121.
State means one of the 48 contiguous States and the District of
Columbia, any non-federal authorities in or including such States or the
District of Columbia (including local agencies, interstate associations,
and State-wide agencies), and any eligible Indian tribe in an area in
such State or the District of Columbia. The term ``State'' shall have
its conventional meaning where such meaning is clear from the context.
State operating permit program means an operating permit program
that the Administrator has approved under part 70 of this chapter.
Stationary gas turbine means a turbine that is not self-propelled
and that combusts natural gas, other gaseous fuel with a total sulfur
content no greater than the total sulfur content of natural gas, or fuel
oil in order to heat inlet combustion air and thereby turn a turbine in
addition to or instead of producing steam or heating water.
Steam sales agreement is a legally binding agreement between a QF,
IPP, new IPP, or firm associated with such facility and an industrial or
commercial establishment requiring steam that establishes the terms and
conditions under which the facility will supply steam to the
establishment.
Submit or serve means to send or transmit a document, information,
or correspondence to the person specified in accordance with the
applicable regulation:
(1) In person;
(2) By United States Postal Service; or
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(3) By other equivalent means of dispatch, or transmission, and
delivery. Compliance with any ``submission'', ``service'', or
``mailing'' deadline shall be determined by the date of dispatch,
transmission, or mailing and not the date of receipt.
Substitute data means emissions or volumetric flow data provided to
assure 100 percent recording and reporting of emissions when all or part
of the continuous emission monitoring system is not functional or is
operating outside applicable performance specifications.
Substitution unit means an affected unit, other than a unit under
section 410 of the Act, that is designated as a Phase I unit in a
substitution plan under Sec. 72.41.
Sulfur-free generation means the generation of electricity by a
process that does not have any emissions of sulfur dioxide, including
hydroelectric, nuclear, solar, or wind generation. A ``sulfur-free
generator'' is a generator that is located in one of the 48 contiguous
States or the District of Columbia and produces ``sulfur-free
generation.''
Supply-side measure means a measure to improve the efficiency of the
generation, transmission, or distribution of electricity, implemented by
a utility in connection with its operations or facilities to provide
electricity to its customers, and includes the measures set forth in
part 73, appendix A, section 2 of this chapter.
Thermal energy means the thermal output produced by a combustion
source used directly as part of a manufacturing process but not used to
produce electricity.
Ton or tonnage means any ``short ton'' (i.e., 2,000 pounds). For the
purpose of determining compliance with the Acid Rain emissions
limitations and reduction requirements, total tons for a year shall be
calculated as the sum of all recorded hourly emissions (or the tonnage
equivalent of the recorded hourly emissions rates) in accordance with
part 75 of this chapter, with any remaining fraction of a ton equal to
or greater than 0.50 ton deemed to equal one ton and any fraction of a
ton less than 0.50 ton deemed not to equal any ton.
Total planned net output capacity means the planned generator output
capacity, excluding that portion of the electrical power which is
designed to be used at the power production facility, as specified under
one or more qualifying power purchase commitments or contemporaneous
documents as of November 15, 1990; ``Total installed net output
capacity'' shall be the generator output capacity, excluding that
portion of the electrical power actually used at the power production
facility, as installed.
Transfer unit means a Phase I unit that transfers all or part of its
Phase I emission reduction obligations to a control unit designated
pursuant to a Phase I extension plan under Sec. 72.42.
Underutilization means a reduction, during any calendar year in
Phase I, of the heat input (expressed in mmBtu for the calendar year) at
a Phase I unit below the unit's baseline.
Unit means a fossil fuel-fired combustion device.
Unit account means an Allowance Tracking System account, established
by the Administrator for an affected unit pursuant to Sec. 73.31 (a) or
(b) of this chapter.
Unit load means the total (i.e., gross) output of a unit or source
in any calendar year (or other specified time period) produced by
combusting a given heat input of fuel, expressed in terms of:
(1) The total electrical generation (MWe) for use within the plant
and for sale; or
(2) In the case of a unit or source that uses part of its heat input
for purposes other than electrical generation, the total steam pressure
(psia) produced by the unit or source.
Unit operating day means a calendar day in which a unit combusts any
fuel.
Unit operating hour means a clock hour during which a unit combusts
any fuel, either for part of the hour or for the entire hour.
Unit operating quarter means a calendar quarter in which a unit
combusts any fuel.
Unit operating time means the portion of a clock hour during which a
unit combusts any fuel. The unit operating
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time, in hours, is expressed as a decimal fraction, with valid values
ranging from 0.00 to 1.00.
Utility means any person that sells electricity.
Utility competitive bid solicitation is a public request from a
regulated utility for offers to the utility for meeting future
generating needs. A qualifying facility, independent power production
facility, or new IPP may be regarded as having been ``selected'' in such
solicitation if the utility has named the facility as a project with
which the utility intends to negotiate a power sales agreement.
Utility regulatory authority means an authority, board, commission,
or other entity (limited to the local-, State-, or federal-level,
whenever so specified) responsible for overseeing the business
operations of utilities located within its jurisdiction, including, but
not limited to, utility rates and charges to customers.
Utility system means all interconnected units and generators
operated by the same utility operating company.
Utility unit means a unit owned or operated by a utility:
(1) That serves a generator in any State that produces electricity
for sale, or
(2) That during 1985, served a generator in any State that produced
electricity for sale.
(3) Notwithstanding paragraphs (1) and (2) of this definition, a
unit that was in operation during 1985, but did not serve a generator
that produced electricity for sale during 1985, and did not commence
commercial operation on or after November 15, 1990 is not a utility unit
for purposes of the Acid Rain Program.
(4) Notwithstanding paragraphs (1) and (2) of this definition, a
unit that cogenerates steam and electricity is not a utility unit for
purposes of the Acid Rain Program, unless the unit is constructed for
the purpose of supplying, or commences construction after November 15,
1990 and supplies, more than one-third of its potential electrical
output capacity and more than 25 MWe output to any power distribution
system for sale.
Utilization means the heat input (expressed in mmBtu/time) for a
unit.
Very low sulfur fuel means either:
(1) A fuel with a total sulfur content no greater than 0.05 percent
sulfur by weight;
(2) Natural gas or pipeline natural gas, as defined in this section;
or
(3) Any gaseous fuel with a total sulfur content no greater than 20
grains of sulfur per 100 standard cubic feet.
Volumetric flow means the rate of movement of a specified volume of
gas past a cross-sectional area (e.g., cubic feet per hour).
Zero air material means either:
(1) A calibration gas certified by the gas vendor not to contain
concentrations of SO2, NOX, or total hydrocarbons
above 0.1 parts per million (ppm), a concentration of CO above 1 ppm, or
a concentration of CO2 above 400 ppm;
(2) Ambient air conditioned and purified by a CEMS for which the
CEMS manufacturer or vendor certifies that the particular CEMS model
produces conditioned gas that does not contain concentrations of
SO2, NOX, or total hydrocarbons above 0.1 ppm, a
concentration of CO above 1 ppm, or a concentration of CO2
above 400 ppm;
(3) For dilution-type CEMS, conditioned and purified ambient air
provided by a conditioning system concurrently supplying dilution air to
the CEMS; or
(4) A multicomponent mixture certified by the supplier of the
mixture that the concentration of the component being zeroed is less
than or equal to the applicable concentration specified in paragraph (1)
of this definition, and that the mixture's other components do not
interfere with the CEM readings.
[58 FR 3650, Jan. 11, 1993, as amended at 58 FR 15647, Mar. 23, 1993; 58
FR 33770, June 21, 1993; 58 FR 40747, July 30, 1993; 60 FR 17111, Apr.
4, 1995; 60 FR 18468, Apr. 11, 1995; 60 FR 26514, May 17, 1995; 62 FR
55475, Oct. 24, 1997; 63 FR 57498, Oct. 27, 1998; 63 FR 68404, Dec. 11,
1998; 64 FR 25842, May 13, 1999; 64 FR 28586, May 26, 1999; 67 FR 40420,
June 12, 2002; 67 FR 53504, Aug. 16, 2002]
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